Smith & Nephew Incorporated v. Arthrex, Incorporated, No. 14-1691 (Fed. Cir. Mar. 18, 2015)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Smith & Nephew, Inc. (S&N) sued Arthrex, Inc. for infringement of U.S. Patent No. 5,601,557 in January 2004. In 2009, we affirmed a summary judgment rejec t- ing the invalidity challenge but required a new infring e- ment trial because of an error in the initial claim construction. In 2013, reversing a JMOL that had been entered in Arthrex’s favor, we reinstated a jury verdict finding that Arthrex had infringed the ’557 patent.